TAVARUS LIGHTSEY v. THE STATE OF FLORIDA ( 2022 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed November 10, 2022.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D20-376
    Lower Tribunal Nos. F07-342, F07-506, and F07-2179
    ________________
    Tavarus Lightsey,
    Appellant,
    vs.
    The State of Florida,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Richard
    Hersch, Judge.
    Carlos J. Martinez, Public Defender, and Andrew Stanton, Assistant
    Public Defender, for appellant.
    Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney
    General, for appellee.
    Before FERNANDEZ, C.J., and LINDSEY, and LOBREE, JJ.
    PER CURIAM.
    Affirmed. See Alcorn v. State, 
    121 So. 3d 419
    , 430 (Fla. 2013) ("In
    Florida, trial courts and prosecutors have [the] discretion [to accept or reject
    a plea]."); Odegaard v. State, 
    137 So. 3d 505
    , 508 (Fla. 2d DCA 2014) ("Even
    where trial counsel's misadvice results in a defendant's rejection of a
    favorable plea offer, the State is not required to reoffer its original plea on
    remand."); Vennisee v. State, 
    235 So. 3d 947
     (Fla. 3d DCA 2017) (citing
    Davis v. State, 
    223 So. 3d 1106
     (Fla. 5th DCA 2017, for the proposition that
    a juvenile who commits a substantive violation of probation as an adult is not
    entitled to be sentenced under Florida's juvenile sentencing scheme);
    Woods v. State, 
    314 So. 3d 683
     (Fla. 3d DCA 2021), review denied, SC21-
    269, 
    2021 WL 2434584
     (Fla. June 15, 2021); Connolly v. State, 
    172 So. 3d 893
     (Fla. 3d DCA 2015).
    2
    

Document Info

Docket Number: 20-0376

Filed Date: 11/10/2022

Precedential Status: Precedential

Modified Date: 11/10/2022